My Big Mouth

 by Robin Sax

I went to law school because I knew I wanted to use my voice to help others, as well as to express myself. I saw the law as a way to get my voice heard.

Unfortunately, I was really miserable during my first year of law school. I hated every minute of my studies and was terrified that I was going to be forever in debt for a career that wasn’t right for me. But one spring day during my first year of law school, everything shifted for me. It was a Saturday, with only a month of classes left. I was arguing Fourth Amendment Search and Seizure in a moot court presentation to a mock panel of appellate lawyers. They grilled me on the law, questioned my analogies, and forced me to think on my feet.

As I was arguing my position, I realized I was actually enjoying myself. I was opinionated and passionate, and everyone was actually listening to my ideas. I realized that not only could I do good work as a lawyer, but it could actually be fun and fulfilling.

My second and third years flew by. Now I knew I was going to be a trial lawyer! I wanted to see the inside of a courtroom and stand up for justice for the underdog or victim. I decided to become a prosecutor. Then I could do the two things I love — educate and advocate. Even better, I could remain committed to always doing “the right thing.” Every decision I made revolved around one central question: “Is what I am doing in this case, with this defendant, in the best interest of the people I represent?”

I began working for the Los Angeles County District Attorney’s Office in 1999. Although I received a great deal of satisfaction handling each of my cases, eventually I wanted to seek justice in other lawyers’ cases, in other cities, counties, and countries. Each and every day in court, I watched the wheels of justice move at pace slower than molasses in winter.  I would listen to arguments in court and feel some frustration. I saw things that seemed unjust and unfair. 

As a prosecutor, though, I could not speak out on cases being prosecuted in Los Angeles; I could only discuss cases in other jurisdictions. In order to make sense of what I was observing in Los Angeles, I began examining sexual assault and abuse cases around the country. I looked at best practices and missed opportunities to help me understand the victims I was working with. 

What shocked me most was how many cases were filled with mistakes, injustices, and plain old mediocre work. It was tough to sit in court and watch these injustices happen day in and day out. So, I thought, “Well, Robin, don’t just think about it, do something!” I did. I began writing, teaching, and advocating.  As I did this, I was always mindful of my responsibilities and duties as a representative of the Los Angeles County DA’s Office.

As I was contemplating writing a book about the inner workings of the system (which I later did), I was assigned the case of Thomas Beltran.  Beltran was a 30-year veteran Lincoln Middle School teacher from Santa Monica who sexually assaulted a large number of his female junior high students.  While the case became an example of best practices (in terms of the sexual assault investigation and coordinated efforts between law enforcement, prosecutors, social workers, etc.), it also presented one of the saddest examples I'd seen of modern-day parents-gone-bad. 

Beltran was arrested on a Friday. Through the course of that weekend, top notch Santa Monica Police Department detectives and I worked together. They interviewed a number of teenagers who came forward, contained the classroom, secured the defendant's whereabouts, and obtained his confession to committing all acts with all victims.

As disturbing as the case was, the silver lining was that Thomas Beltran took responsibility early. He confessed both in interview and via lie detector. But that Monday, during a town-hall meeting at Lincoln Middle School, I witnessed parents standing up for him. I heard murmurs of “he’s not guilty,” and cries that the victims weren't telling the truth.  I couldn't believe this.  In my mind, I thought there were only one of two possibilities: Either these parents were the cruelest I have ever seen, or they were the most naïve parents I have ever seen.  I preferred Option Two.  

Yet it dawned on me that if the default response of these parents was to doubt the victim, what would happen if their own kids came to them?  It was then that I knew I needed to use my experiences to educate and speak out instead of processing justice one case, one victim at a time. Armed with that story, I convinced Prometheus Books to allow me to write Predators and Child Molesters: A Sex Crimes DA Answers 100 of the Most-Asked Questions.

In February 2009, two months before the release of that book, I delivered notice to the DA's Office that I wanted to resign. Though it was a difficult decision, I wanted to pursue a career in the media.  After my experience with the Beltran case, I was driven more then ever to support victims on a macro level.

My boss suggested I wait to resign (to see how I liked being away from the office), so I instead took an official leave of absence from the DA’s office to write books, teach classes, do public speaking, and appear on television as a guest analyst and commentator.

My leave of absence was for a maximum of six months. I had until September to decide whether I was going to pursue justice as a prosecutor or as an author and advocate. During my time away, I blogged, wrote articles, spoke and lectured, and I realized the huge impact one can make on society through the power of the media. 

Thanks to my experience as a courtroom prosecutor, public speaking and "performing” are not new for me. Many of the same reasons I love being a trial lawyer -- using my strong voice to share a particular point of view -- apply to my love of communicating via television, radio, and the Internet.  I could educate, pontificate, and ensure change.  For the first time, I could say it as I saw it was with no censorship, no fear of angering my boss -- just expressing how I felt, purely, simply, and honestly.

I found my public voice growing and actually being heard. People appreciated seeing a prosecutor shaking things up, calling out lawyers, police officers, and others who weren’t living up to the requirements of their positions, letting down the people they were supposed to protect.  

The biggest difference between working in the popular media versus the courtroom is that people watch TV, listen to the radio, or read because they want to -- not because they received a jury summons in the mail.  They want to hear what I have to say as a spokesperson in the public eye

My other frustration as a prosecutor was seeing how completely different public life is from private sector life. So often I went to work and was amazed that justice was ever dispensed, considering the many shortcomings inherent in the system. I didn’t understand the lack of accountability, the lack of diligence and the overall complacency of a justice system that was supposed to exist to protect our society. 

Without even realizing it, I was traveling a new career path as an outspoken advocate and legal commentator.  No longer a DA, I'm now a watchdog of the very system I once worked in. Instead of following policy and accepting my marching orders and memoranda, I'm doing what I've always done, one way or the other: "saying it like it is." Only this time, there’s no one hanging over my shoulder vetting my words.

When I officially resigned from the DA’s office in July 2009, I told them it was better for me not to try to walk the extremely tight line between being a prosecutor and an outspoken advocate. I wanted to use my voice in the media without worrying whether it was inconsistent with the beliefs or philosophies of the Los Angeles County District Attorney.

Still, while I had not always been able to  speak out and reveal my opinions, as a prosecutor I  had a great deal of latitude and discretion in terms of how I handled my own cases. In them, I was making a difference and changing the lives of children who were being abused. 

I never actually got in trouble, but I always felt that I was teetering at the edge. That was part of my decision: I wanted to leave before I blew it, while I still had a good relationship with the DA’s office, law enforcement, etc.  Besides, I loved the people I worked with. I just wanted us to do better!

Now, I represent "the people,” but in a whole new way. Every lawyer has her own story and her own inspiration.  Mine just happens to have been written by my big mouth.

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Tips from the Fashion DA

By Robin Sax

“Fashion crimes” and associated terms such as “fashion police,” are expressions  loaded with meaning.  Of course, there's the pure pop culture meaning: when someone is wearing something so atrocious it deserves a citation, a warning, or even a filing! But there's another context where the words “fashion” and “crime” intersect, and that’s in the courtroom. 
 
One unintended consequence of the O.J. Simpson double murder trial was the spotlight on clothes, fashion, and what worked in front of a jury.  Not only was the defendant's choice of clothing important, but with the televising of the trial, the lawyers' dress became significant as well. As People Magazine  reported in its September 19, 1994 issue:  “Not since L.A. Law have so many sharp dressers filled a televised courtroom. But this time it's real life.”

Attorneys spend much of their time advising their clients how to act, how to behave, and what to wear in court.  But now lawyers must pay attention to their appearance, as well.  “Let's face it, human nature being what it is, when we pay attention to looks, looks matter,'' says Susan Powell, a licensed clinical psychologist and principal with New York-based jury consultants Strategic Litigation Research.  “And an attorney who doesn't look right is an attorney who will not have the confidence of his client . . . or, possibly, a jury.''

Lawyers can easily dole out advice to their clients on what to wear and not to wear in court, as I did in The Complete Idiot's Guide to the Criminal Justice System 

“APPEARANCE: Dress like you are going to church or interviewing for a job that you wanted.

- If you want more specific suggestions, a dress for women/girls and slacks and button-down shirt for men/boys.

- DO NOT WEAR TANK TOPS, FLIP FLOPS, MINI SKIRTS, OR CLUBBING TYPES CLOTHES.

- Women should avoid wearing too much makeup. You don’t want to look flashy or tough; you want to look soft and natural.”

For those professionals who must appear in court -- the lawyers, the expert witnesses, the cops -- who regularly find their way into a courtroom, here are some suggestions to make you likable and effective:

 1. Present yourself as a professional in that role should be presented.   If you are the lawyer in front of a jury, wear a suit.  Other professionals should dress as they would in a business setting.  People watch TV and surf the web---they have preconceived notions of what professionals “should” look like.  Failing to meet those preconceived notions might make the judge or the jury doubt the professional and his or her opinion.  Accept it—looks and demeanor count!

2. More important than what you wear, you must be truthful.   Be transparent in your conversations; avoid vagueness or confusing terminology.
 
 For those of you who are willing to go a bit further, other advice I would give you includes:

 3.  Speak plain English.  Simple and concise statements are easy to understand.  If you don’t speak “over” the jury’s head, they are more likely to understand and be persuaded by your position.

 4.    Be yourself.  Don't try to play a role or be pretentious. A jury wants professionals to be truthful, and if you aren’t “being yourself," the jury will know it.  Acting pompous or unnatural is likely to turn the jury off and possibly create distrust when you present  information. They'll also be less likely to reach the conclusions you want them to reach.

 5.    Be prepared.  Someone who speaks easily and freely (due to careful preparation) in front of a jury seems honest and truthful.  Again, the more honest a professional appears, the more likely the jury is to accept that professional’s opinion and point of view.  Also, a well-prepared speaker appears knowledgeable, whereas someone who lacks preparation often reveals a sense of insecurity about the subject they are presenting.

We live in a media-savvy world where jurors, judges, potential clients, and society as a whole expect those in the courtroom to look and act like professionals.  Following the suggestions above can help legal professionals achieve their  objectives--both in and out of the courtroom.

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It Is Happening Today, Robin Sax Releases Second Book

by Women in Crime Ink

Bestselling author, former prosecutor, and Women in Crime Ink contributor Robin Sax has a new book. It Happens Every Day: Inside the World of a Sex Crimes DA is in bookstores now. With a foreword by famed defense attorney Mark Geragos, the book promises to be another big hit for Robin!

According to Department of Justice crime statistics, in 2008, 67 percent of sexual assault victims were juveniles and an astonishing 93 percent knew their attackers. This is far from news to veteran prosecutor Robin Sax. As an attorney who specialized in sex crimes against children, she personally reviewed at least five new cases every day.

What really happens when law enforcement decides to prosecute a child sexual assault case? In this revealing, informative, and disturbing book, Sax shows readers how the criminal justice system works, in terms you rarely hear about on the news. She candidly assesses what’s right about the system and what needs to be changed. Her hope is that, knowing the strengths and weaknesses of our current judicial system, we’ll all be in a better position to protect our children.

Dividing the work into three parts, she begins with “Behind the One-Way Mirror,” which deals with the investigation portion of child sexual assault. She defines exactly what constitutes sexual assault and then presents the ingredients of what makes a case “fileable.” She also explains why some cases never get filed.

In the second part, “Behind the Counsel Table,” Sax sheds light on the whole court process. She discusses a range of issues, including mandatory sentencing, plea bargains, unsupportive parents, using children’s testimony to prosecute the perpetrator, DNA evidence, the importance of corroboration, and the weaknesses of the jury system.

In the final section, “If We Could Change the Law,” she identifies aspects of the criminal justice system that should be changed. Besides her own perspective as a prosecutor, she shares the valuable insights of a detective, a judge, a therapist, a juror, and a victim, to learn how each would legislate if they were judge, jury, and lawmaker.

This gritty, in-depth discussion from an insider on the front lines of law enforcement’s campaign against child sexual assault makes an important contribution toward protecting society’s most vulnerable citizens from a crime that is reaching near-epidemic proportions.

It Happens Every Day is available in bookstores and online. For more of Robin’s books, see her web site.

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PREDATORS AND CHILD MOLESTERS DESCEND ON BOOKSTORES!

There is no other crime—not even murder—that worries and sickens parents more than child sexual abuse. Parents wonder how to protect their children when almost every day the news reports another incident of someone in authority arrested on suspicion of child abuse. Addressing offenders found in clergy and teachers to family members themselves, former Los Angeles Deputy District Attorney and WCI contributor Robin Sax answers those terrifying questions that parents are sometimes afraid to ask. Predators and Child Molesters: What Every Parent Needs to Know to Keep Kids Safe, A Sex Crimes DA Answers 100 of the Most Asked Questions is in bookstores now and is a must-have for parents everywhere.

With a foreword by Marc Klaas, founder and president of KlaasKids Foundation, this straightforward and clearly written guidebook answers one hundred of the most asked questions that Robin has encountered in her fifteen years of experience as a sex crimes prosecutor. From the definition of abuse to profiles of predators, to how to report an incident and to whom, Robin provides practical, reassuring, and appropriate information.

For ease of use, the book is organized into six major sections:

• Recognizing Predators: Molesters, Pedophiles, and Opportunists
• Talking to Kids About Risks and Identifying Potential Problems
• Recognizing Abuse
• Reporting Sexual Abuse
• Going to Court
• Healing and Moving On

Predators and Child Molesters is already debuting to rave reviews:

“Finally! A hard-hitting Q&A on predators and child molesters. Sax's book is a must read for anyone concerned about the safety and well being of America's children. As a former felony prosecutor of crimes on children, this is Crime & Prevention 101 . . .”
Nancy Grace, host of CNN Headline News' Nancy Grace

"Child Molesters and Predators" answers everything you wanted to ask and tells everything you need to know to prevent your worst nightmare and possible lifelong torment for your child. Sax writes in an easy to read format providing practical answers for keeping youngsters safe. This is a must read for every parent or anyone who cares for kids.
Mark Goulston, Huffington Post

Robin Sax makes it clear that prosecuting children against possible sexual assault begins with every parent in the home. Teaching preventative measures should be as important as teaching children to dial 911.

Predators and Child Molesters is available in bookstores now and online. Robin Sax can be seen frequently as a legal commentator on CNN’s Nancy Grace, Larry King Live, and Fox News covering criminal cases and trials. You can also hear her weekly on Justice Interrupted Blogtalk Radio where she covers the latest news in crime with WCI contributors Susan Murphy-Milano and Stacy Dittrich. Robin Sax resides in California with her husband and three children.

Also out this month: Reaching The Bar: Stories of Women at All Stages of Their Law Career. A comprehensive look into the lives of women lawyers, each chapter is introduced by Robin Sax, who also edited Reaching the Bar.

Congratulations, Robin!

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